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RESOLUTION NO.
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80-676.1
A RESOLUTION SETTING FORTH A PROPOSED CHARTER
AMENDMENT, KNOWN AS CHARTER AMENDMENT NO. 1,
AMENDING SUBSECTION 56(I) OF THE CHARTER OF
THE CITY OF MIAMI TO PROVIDE FOR A REDUCTION
IN THE AMOUNT OF CASH PAYMZENT WITHgELD BY THE
CITY FOR UP TO 60 DAYS AFTER ITS ACCEPTANCE
OF A COMPLETED CITY LOCAL IMPROVEMENT CONSTRUC-
TION CONTRACT WITH THE RETAINED AMOUNT BEING
REDUCED FROM 10% to 2-1/2% OF THE ESTIMATED
CONTRACT COST DUE THE CONTRACTOR PERFORMING
SUCH CONTRACT.
WHEREAS, the City Charter presently contains the following
is
language concerning the amount of retainage (10%) on city local
improvement construction projects with respect to final payment
by the City to the contractor constructing such improvement:
" No contractor shall be required to take
bonds, warrants or certificates in payment,
but payment shall be made in cash upon monthly
estimates of the city manager to the amount of
ninety (90) per cent of such estimates and the
balance due shall be paid in cash within sixty
(60) days after acceptance of the work, and
the said notice may state such conditions as
to payment..." (Excerpt, Charter Section 56,
Subsection I); and
WHEREAS, the State of Florida Department of Transportation
provides for the retainage of only 2-1/2 per cent on its con-
struction projects; and
WHEREAS, the Engineering Contractors Association of South
Florida, Inc., has requested that the City of Miami adopt the
same retainage amount; namely 2-1/2 per cent (2-1/2%) of the
estimated contract cost on city local improvement construction
projects; and
"DOCUMi i
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WHEREAS, the City Manager and the Direc u or k s
recommend the adoption of the reduced retainage amount; and
1
WHEREAS, the City Commission finds that the adoption of the
reduced retainage amount would stimulate local industry, would
---' not be a detriment to proper administration of city affairs, and
would be in the best interest of the City of Miami,
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
CITY COMMISSION
MEETING OF
S E P •1 5 1980
i QQ
RESOLUTION NO......
REMARKS• ...............„...........
Section 1. The City Commission of the City of Miami hereby
submits the following proposed charter amendment for submission
to the electors of the City of Miami at a special municipal
election to be held November 4, 1980, to become effective upon
its approval by the electors:
CHARTER AMENDMENT NO. 1
Subsection (I) entitled "Publication of Notice Calling for
Bids" of Section 56 entitled "Local Improvements" of the City of
Miami Charter, Chapter 10847, Special Acts, Laws of Florida, 1925,
as amended, is hereby amended in the following particulars: l/
"Section 56. Local Improvements
* * * * * * * * * * * * * * * * * * * * * *
(1) publication of Notice Calling for Bids
* * * * * * * * * * * * * * * * * *
No contractor shall be required to take bonds,
warrants or certificates in payment, but payment
shall be made in cash upon monthly estimates of the
city manager to the an amount of not greater than
"imety-490 ninety-seven and one- a_1 97-1 2) per
cent of such estimates and the balance due shall be
paid in cash within sixty (60) days after acceptance
of the work, and the said notice may state such con-
ditions as to payment. * * * * * * * * * * * * *"
Section 2. The proper City officials are hereby instructed
and directed to take the actions necessary for the submission of
this "Proposed Charter Amendment No. 1" to the electors of the
City of Miami by placing it on the ballot as "CHARTER AMENDMENT
NO. 1" in substantially the following form:
"Shall subsection 56(I) of the Charter of the
City of Miami be amended to provide that the amount
of cash payment due a contractor performing a city
local improvement construction contract and which
payment is retained by the City for up to sixty (GO)
days after the city's acceptance of the completed
city local improvement construction be reduced from
ten (10%) per cent to two and one-half (2-1/2%) per
cent of the estimated contract cost?"
1/ Words and/or figures stricken through shall be deleted. Under-
scored words and/or figures constitute the amendment proposed.
Remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
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80-676.1
PASSED AND ADOPTED this 15 day of SEPTEMBER f
1980.
ATTEST:
FLPH ONGIE, CITY CLERR
PREPARED AND APPROVED BY:
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
APPR D AS T DFAND CORRECTNESS:
�' C• e
GEOR.gq F. KNOX, JR.,
CITY TTORNEY
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MAURICE A. FERRE
MAURICE A. FERRE
M A Y 0 R
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